***********THIS AUCTION IS IN CND DOLLARS*********************
1. All potential Purchasers must register at this auction.
2. The highest bidder will be the Purchaser and no bidder shall retract their bid(s). All sales are final.
3. Any dispute arising as to any bidding will be determined by the Auctioneer at his/her discretion and, at the Auctioneers discretion, the Auctioneer may immediately put the lot in dispute up for sale again.
4. The Auctioneers reserve the right to refuse any applicant a bidding card for the privilege of bidding by number at the auction sale and/or revoke such privileges at any time.
5. Purchases become the responsibility of the Purchaser upon award of the bid. It shall be the responsibility of the Purchaser to insure their purchases immediately, as such purchases remain at the sole risk of the Purchaser.
6. For any lot(s) as determined by the Auctioneers, the Purchaser may be required to pay a deposit of 25% of the purchase price in cash on award of the bid. The balance of the purchase price must be paid on or before the termination of the auction sale, unless otherwise specified. In default of the deposit by the Purchaser, the Auctioneers may, immediately put the lot up for sale again.
7. Complete settlement of all purchases is to be made within 48 days of the sale. All settlements are to be by cash, certified cheque, bank draft, interac, major credit card, and/or uncertified cheque if accompanied by a letter of guarantee from either a Canadian Class A bank or a major finance company. Uncertified cheques will be accepted, however, no removal of any purchases will be allowed until the cheque(s) are converted to valid cash. The Purchaser assumes the responsibility of giving the Auctioneers confirmation from their bank that the cheque(s) have been honoured.
8. The Purchaser agrees to pay, in addition to the purchase price of the item(s), buyers premium and all government taxes that are announced or posted by the Auctioneers for this particular auction sale. Such notification of applicable taxes will be made at the commencement of the sale, as part of the catalogue for this particular sale, and/or any combination of the aforementioned as the Auctioneers see fit.
9. The Purchaser will not be entitled to possession of any of the said lot(s) purchased until the total purchase price of all the lot(s) have been fully paid. In the event the Purchaser fails to pay the full purchase price for any lot(s) within the prescribed time, or fails to comply with any of the Terms of Sale, the Auctioneers will retain their possessory lien to the lot(s) and will have the right to dispose of the lot(s) in any manner the Auctioneers, in their discretion, may deem appropriate without not of any kind to the Purchaser. Should the Auctioneers resell any lot(s), the net proceeds there from (after deducting 20% commission and all storage costs) shall be credited to the original Purchasers account and the original Purchaser shall forthwith pay upon demand to the Auctioneers, as liquidated damages, any deficiency arising from the resale.
10. All costs and the responsibility of removal will be borne by the Purchaser. The Purchaser, if asking the Auctioneers to assist in the removal of any item(s) will indemnify and hold the Auctioneers and/or their staff harmless from any resulting loss or damage to the item(s) being removed. The Purchaser will supply the Auctioneers proof of adequate insurance before the removal of item(s) that require dismantling, rigging or hot cutting. The Purchaser agrees to indemnify and save harmless both the Seller and the Auctioneers against any damage caused by the acts of the Purchaser and/or their agent(s) in connection with the dismantling or removal of any lot(s).
11. All lot(s) must be removed within the time announced or posted at the sale, at the Purchasers sole cost and risk and only in a manner approved by the Auctioneers. If the Purchaser fails to remove the lot(s) within the specified time, LVG may apply a $15/day per lot charge for storage or the the lot(s) shall be deemed abandoned. The Auctioneers, at their sole discretion, may dispose of the lot(s) without notice or compensation to the Purchaser.
12. No sale shall be invalidated by reason of any defect or inaccuracy in any of the lot(s) by reason of their being incorrectly described in the catalog and no liability shall be borne by the Auctioneers in respect of any such faults or errors. Catalogs have been prepared only as a guide and by making their bid(s), the Purchaser shall be deemed to have inspected the equipment fully and to their entire satisfaction. In particular, the Auctioneers make no representation that any year of manufacture, odometer or hour meter attached to any particular lot(s) may indicate, with any degree of accuracy, the year, actual distances traveled or hours used.
13. Except as herein set out, there shall be no guarantee or warranties expressed or implied, statutory or otherwise of any nature whatsoever. Each and every item is sold on the condition that it may not be fit for use and that certain repairs may be needed to be done by the Purchaser (at the Purchasers expense) to make the item (s) usable or roadworthy. Specifically, but not to restrict the generality of the foregoing, the Auctioneers make no representation that any of the lot(s), the subject of the auction:
a) conform to any safety or pollution standard or to any other standard or requirement of any applicable authority, law or regulation, or
b) are for any particular usage, or
c) are merchantable or financeable, or
d) are of any particular age, year of manufacture, make, model or condition.
14. If, for any reason, the Auctioneers are unable to make available or deliver any purchase or clear title to the same, or documentation required in respect of any purchase, whether before or after delivery, the Auctioneers’ sole liability, if any, shall be the return of monies paid in respect of such purchase. Any delivered purchase shall be returned or surrendered upon demand by the Auctioneers prior to the return of payment.
15. Title and vehicle registrations will be delivered to the Purchaser within (14) banking days of the termination of the auction sale upon payment of the full purchase price set out above in clause 7.
16. The Purchaser shall be deemed to have inspected the lot(s) to their full satisfaction before making their bid(s).
17. These Terms Of Sale may not be amended except by agreement in writing signed by the Auctioneers and the respective Purchaser.
18. The Purchaser and/or their agent(s) or representative(s) acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment is being operated and electrical circuits may be live. Every person at the auction site, before, during and after the auction sale shall be deemed to be there at their own risk with notice of the condition of premises, the activities on the premises and the conduct of third parties. No person shall have any claim against the Auctioneers, their agents, employees or principals for any injuries sustained, nor for damages to, or loss of property which may occur from any cause whatsoever.
19. Interest at the rate of 24% per anum will be charged on overdue accounts owing to the Auctioneers.
20. Residents of the Province of Quebec certify that all purchases made at this sale will be used for the purpose of their trade and commerce or profession.
21. If the Bidder registered for this Bid Card has registered at this auction under other Bid Cards, all purchases under all Bid Cards shall be considered for the purposes of interpreting the Terms, as if purchased under a single Bid Card.
Auctioneers, at any time, and at their sole discretion, without notice or liability to buyer may:
(a) withdraw or cancel the sale of any Lot, or
(b) offer any Lots in groups or with privilege
No person shall bid on any Lot:
(a) of which he is the consignor; or
(b) as agent, associate, or on behalf of the consignor.
EVERY ITEM SOLD AS IS - WHERE IS.
NO GUARANTEES OR WARRANTIES WHATSOEVER.
PLEASE INSPECT THE EQUIPMENT BEFORE BIDDING.
ALL SALES ARE FINAL.